JUDGMENT :

1. List has been revised.

2. Heard Sri C.L. Pandey, learned Senior Advocate assisted by Sri Jitendra Prasad, learned counsel for the applicant, Sri Anil Mullick, learned counsel for the informant and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.

3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.310 of 2022, registered under Sections 498-A, 304-B I.P.C. and ¾ Dowry Prohibition Act, at Police Station Ganga Nagar, District Meerut with a prayer to enlarge him on anticipatory bail.

PROSECUTION STORY:

4. The marriage of the applicant was solemnized with the daughter of the informant as per Hindu rites on 13.12.2021. The applicant and other members of the family are stated to have subjected her to cruelty for demand of Rs.60 lakhs and a car as dowry. In the intervening period in the month of September, 2022, the deceased is stated to have undergone the abortion of the fetus she was carrying in her womb. On Deepawali i.e. 18.10.2022, the applicant is stated to have taken the daughter of the informant to his house. The applicant and other family members are stated to have beaten the daughter of the informant as such the informant had taken her to his house on 21.10.2022. The condition of the daughter of the informant deteriorated as a result of the injuries sustained on 21.10.2022. She is stated to have succumbed to the injuries on way to hospital on 22.10.2022.

RIVAL CONTENTIONS

(Arguments on behalf of applicant)

5. Learned Senior Counsel for the applicant has vehemently argued at the outset that this is clear misuse of dowry laws as no case is made out against the applicant. There is not a whisper of complaint against the applicant or other family members before institution of the present FIR. Learned Senior Counsel has stated that the deceased person was ill and was suffering from dengue and even the applicant transfused blood to her on 20.10.2022, the said transfusion certificate is filed as Annexure No.12 to the affidavit filed with the bail application.

6. Learned Senior Counsel has further stated that the platelets count of the deceased person had extremely come down to a level where blood transfusion was essential as the applicant had himself volunteered to do so.

7. Learned Senior Counsel has also placed much reliance on the inquest report of the deceased person which indicates that there was no visible injury on the body of the deceased person. Learned Senior Counsel has also vehemently argued that as per the postmortem report, the cause of death was "septicaemia due to chronic illness of multiple organs involvement". Learned Senior Counsel has stated that the cause of death is her illness and not the injuries inflicted by the applicant or any other family members. The prosecution story stands falsified on this ground only. Learned Senior Counsel has further stated that if such FIR is entertained by the Court, then there is no question for civil liberty left as such applicant is entitled for anticipatory bail. The applicant has no criminal history to his credit.

8. Learned Senior Counsel has also placed reliance on the statement of Dr. Geetanjali Vohra, who happens to be family doctor of the informant, whereby she has categorically stated that the deceased person had acquired complications as a result of pregnancy she was having and her fetus in the womb had died after a period of six months of pregnancy. Learned Senior Counsel has also placed reliance on the said statement in detail. To avoid verbiage, the said details of statement of doctor are not being mentioned here. Learned Senior Counsel has also placed reliance on the various Whatsapp chats between the applicant and the deceased person, which indicate that they were living happily.

9. Learned Senior Counsel has also placed much reliance on the judgment of this Court passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.3532 of 2022, whereby the concerned delinquen